Research On The Tort Liability Of Infringment Of Personal Labor Service

The Tort Liability Law of China in 2009 solves the problem of liability arising from the infringement of a large number of civil rights and interests in China,which includes the general provisions and special provisions,Listed the product defects,traffic accidents,medical damage,environmental pollution,network infringement,animal damage and other violations,including a variety of types.The Tort Liability Law act as an important part of China's civil law system,of course,has become our citizens to safeguard their legitimate rights and interests,to avoid their own rights against the general application of the legal basis and action guide.Compared with the legal provisions on civil liability in China,article 35 of the Tort Liability Law provides the tort liability system of personal services in China's civil law system for the first time.According to this article,the civil liability of personal service infringement can be divided into civil liability for personal injury caused by personal labor service and personal injury by labor service provider,and tort liability law for the former The assumption of liability is taken by the party receiving the work of the alternative way of bearing the responsibility of the latter responsibility to take a fault liability.Have to say that Article 35 of the Tort Liability Act to resolve the case of personal services to provide a direct legal basis for infringement,but with the continuous development of China's social economy,labor relations in a variety of forms,complex and varied,and even difficult to judge whether Belong to the situation of personal labor relations,so that will make in the settlement of such disputes,only the application of tort law,Article 35 is difficult to be effectively addressed.The Tort Liability Law of China on this issue is only a belt,not on the definition of personal labor relations,the definition of criteria for the content of specific provisions,and no personal injury caused by tort liability principles,constitute Elements and responsibilities to bear the way and so clear.It can be seen that the content of the system of personal labor infringement in our country is not comprehensive enough,and there is still a big controversy about the liability system of personal labor tort,which brings a lot of difficulties for solving the case of personal injury.Theoretical research on the tort liability of personal services is also one of the hot topics in the study of tort theory.Through the research on the legal liability of personal service infringement,the paper summarizes the domestic and foreign research achievements and legislative practice,and provides theoretical basis for further perfection of personal labor tort liability system,so as to strengthen and perfect the legislation oftort liability of personal services,for more fair and impartial solution to individual Labor dispute has a strong theoretical and practical significance.